Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

18834 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations FEDERAL COMMUNICATIONS community by developing a strategy for Maintenance Radio Services); and (4) COMMISSION encouraging more efficient use of PLMR Land Transportation Radio Services spectrum below 800 MHzÐi.e., those (Motor Carrier, Railroad, Taxicab, and 47 CFR Parts 1, 20, 74, 90, and 101 PLMR Services within the 150±174 Automobile Emergency Radio Services). MHz, 421±430 MHz, 450±470 MHz, and The Radiolocation Service (47 CFR part [PR Docket No. 92±235; FCC 97±61] 470±512 MHz bands. The Report and 90, subpart F) is not listed, even though Private Land Mobile Radio Services Order (60 FR 37152, July 19, 1995) in it has frequencies below 800 MHz, this docket served as a critical first step because it is not considered a PLMR AGENCY: Federal Communications toward achieving this goal. In that Service. Commission. decision, we adopted extensive rule 4. In determining that consolidation ACTION: Final rule. changes to promote highly effective and of the twenty PLMR Services would best efficient use of the PLMR spectrum and serve the public interest, we stressed SUMMARY: The Commission has adopted to facilitate the introduction of that the intended purpose of a Second Report and Order (Second advanced technologies into the private consolidating radio services ``is to R&O) in PR Docket No. 92±235 which mobile services. We also concluded that distribute assignments between low-use continues its efforts to develop a the PLMR Services must be and high-use groups more evenly, to strategy for encouraging more efficient consolidated and that competition simplify interservice sharing use of private land mobile radio (PLMR) should be introduced into the procedures, to organize channel spectrum below 800 MHz. In the Report coordinator services for each service allocations that will enable licensees to and Order (R&O) in this docket, the group. We stated that consolidation of more easily utilize advanced Commission concluded that the PLMR the twenty PLMR service groups below technologies, and to organize the bands below 800 MHz should be 800 MHz would ``provide for more services in such manner to achieve more consolidated and competition should be efficient allocation of the increased efficient and flexible spectrum use.'' We introduced into the frequency capacity created by the introduction of also recognized the importance of coordination process. This Second R&O more efficient technology.'' different services, particularly Public consolidates the twenty existing PLMR 2. By this Second Report and Order, Safety, and encouraged commenters to services into two broad service poolsÐ we consolidate the twenty PLMR develop a plan that included a Public Public Safety and Industrial/BusinessÐ Services into two broad service pools, Safety pool. We further recommended with appropriate provisions for ensuring with appropriate provision for ensuring that such a plan contain clear guidelines that the safety of the public will not be that the safety of the public will not be regarding the requirements for inclusion compromised. Additionally, the compromised. In addition, we resolve in such a Public Safety pool. We Commission adopts rules to allow two other issues raised in conjunction considered these guidelines necessary to centralized trunking, under certain with consolidation: (a) Whether to prevent overcrowding and to maintain conditions, in the shared bands below permit centralized trunking, and (b) the integrity of critical functions of the 800 MHz and implements a plan for how to implement the decision in the users included within this pool. While protecting current low power operations R&O to provide protection for current we indicated that two to four broad in the 450±470 MHz band. Finally, the low power operations in the 450±470 categories, including one for Public Commission addresses a Request for MHz band. Additionally, we address a Safety licensees, appeared reasonable, Temporary Relief filed by several public Request for Temporary Relief filed by we deferred a final decision on the safety frequency coordinators. several public safety coordinators. We precise contours of consolidation to have, generally, delayed the effective provide members of the PLMR EFFECTIVE DATE: October 17, 1997 except for the amendment to § 90.17(a) which date of these rules until six months after community, including users, publication in the Federal Register in manufacturers, and frequency will be effective April 17, 1997. order to provide coordinators sufficient coordinators, with an opportunity to FOR FURTHER INFORMATION CONTACT: Ira time to implement consolidation. negotiate and submit a consensus Keltz of the Wireless Today's action is the next critical step consolidation proposal to the Telecommunications Bureau at (202) toward providing a regulatory Commission. In providing this 418±0680 or via E-Mail at framework which promotes efficient use opportunity, we stated that if a [email protected]. of PLMR spectrum below 800 MHz. consensus could not be reached, we SUPPLEMENTARY INFORMATION: This is a 3. This proceeding concerns PLMR would adopt a plan based on the record. summary of the Commission's Second frequencies in the bands below 800 That contingency has come to pass; no Report and Order, FCC 97±61, adopted MHz administered under part 90 of the consensus was reached. February 20, 1997, and released March Commission's rules (47 CFR part 90). 5. We also recommended that the 12, 1997. The full text of this Second The bands, in general, are: 150±174 PLMR community address other related Report and Order is available for MHz, 421±430 MHz, 450±470 MHz and issues, such as how to effectively inspection and copying during normal 470±512 MHz. Under our current rules, introduce competition among frequency business hours in the FCC Reference these frequencies are divided into coordinators, whether a single Center (Room 239) 1919 M Street, NW, twenty separate radio services, grouped coordinator or multiple coordinators Washington, DC. The complete text may in four general categories: (1) Public should be authorized for public safety be purchased from the Commission's Safety Radio Services (Local users, how the existing databases can be copy contractor, ITS, Inc., 2100 M Street Government, Police, Fire, Highway shared to ensure fair competition among NW, Suite 140, Washington, DC 20037, Maintenance, Forestry-Conservation, all of the frequency coordinators, telephone (202) 857±3800. and Emergency Medical Radio whether a national real-time data base to Services); (2) Special Emergency Radio reflect frequency assignments can be Summary of Second Report and Order Service; (3) Industrial Radio Services created and used, and what approach 1. Our primary goal in this proceeding (Power, Petroleum, Forest Products, should be taken to designate frequencies has been to address the increasing Film & Video Production, Relay Press, for low power use on a primary basis. communications requirements of the Special Industrial, Business, We received twenty-eight comments, private land mobile radio (PLMR) Manufacturers, and Telephone fourteen reply comments, and two Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18835 supplemental comments recommending access to a larger pool of frequencies. in this proceeding until October 17, or supporting a variety of consolidation Further, the increased flexibility 1997. plans and a number of ex parte provided by a two-pool structure 13. EligibilityÐPublic Safety Pool. We submissions. In addition, the Industrial enhances the use of advanced believe that all of the six current Public Telecommunications Association (ITA) technologies, such as trunking. For Safety Radio Services, as well as the submitted a proposed technical example, making additional spectrum Special Emergency Radio Service, blueprint for consolidation (Blueprint). available to licensees will allow public should be included in the Public Safety We placed this on Public Notice and safety entities to more easily implement Pool. Any governmental entity will be received forty comments and nine reply and use trunked systems to perform a eligible to use any Public Safety Pool comments in response. number of their public safety functions. frequency. Additionally, non- 6. The Commission also received a We believe that such a result is in the governmental entities that apply for number of petitions for reconsideration public interest because it will help frequencies that were previously requesting that we reconsider or clarify improve public safety communication available solely for public safety various rule changes adopted in the capabilities and reduce the costs of services shall obtain a statement of R&O. Several of the petitions raised building and operating public safety support from the governmental entity issues related to consolidation. In our communication systems. having legal jurisdiction over the area to recent Memorandum Opinion and Order 10. A two-pool structure also reduces be served. Including all the Public (MO&O) (62 FR 2027, January 15, 1997) administrative and financial burdens on Safety Radio Services and the Special addressing these petitions, we stated applicants. For example, this Emergency Radio Service in one pool that we would address the issues related consolidation approach will eliminate will promote the development of wide- to consolidation when we adopted a the need to go through interservice area (state and regional) trunked specific

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